Would the specific duty of care that applies to a single bank be sufficient to give a “personal character” to a credit relationship with a Dutch bank? We think the answer is no. Other vigilance obligations (such as those contained in the bank`s general terms and conditions) may be carried out by each party. It does not require any specific “personal quality.” A non-bank that acquires credit from a bank could, if necessary, comply with the same duty of care. Nor is non-portability the only means of respecting the principles of duty of care and would not be proportionate, given the consequences. The COVID-19 agreement (Rev May 2020) contains certifications and agreements from all parties, including the corrective action that needs to be taken to address the significant adverse change to the borrower as a result of COVID 19`s emergency situation, including the necessary deferral of loan 504 and third-party loan, which will help the borrower (and, if applicable, the operator) improve its cash flow. This is an important difference between the van Lanschot boxes and the state/calls. In Van Lanschot cases, the public service protection framework is maintained by the appointment of a credit manager under the FSA. In the state/appeal, the “angle” of public service would have been abandoned because the party that took control was a private party that was not subject to the same rules and principles as the Dutch state. Third-party donors are experts in credit management. Borrowers and lenders should always ensure that the most qualified third-party intermediary is recruited. Before you hire an agent, you`ll find out why they`re essential to the process and what questions you need to ask.
The general banking terms (algemene bankvoorwaarden) (GBC) contain a specific provision allowing the transfer of contracts. The GBC explains: “We can transfer (part of) our business to another party. In this case, we can also transfer the legal relationship we have with you as part of an agreement with you. If the GBC is eligible, you agree to cooperate in advance on this matter. The transfer of the contract with you is also called contract transfer. Of course, you will be informed of the transfer of the contract. Since this prior authorization is limited to a transfer (of part) of the activity, this provision is not considered “unnecessarily binding” (onredelijk beware) within the meaning of Section 6:236 e) of the Dutch Civil Code (DCC) and therefore remains applicable to consumers (and this section does not apply to commercial parties – therefore, a transfer is possible if the contract does not contain restrictions).